Planning Commission Minutes

Tuesday, September 14,2010



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
September 14, 2010 5:00 p.m.



PRESENT: Chairman Ron Bracken
Council Member Ben Nickle
Commissioner Kim Campbell
Commissioner Chapin Burks
Commissioner Ross Taylor
Commissioner Ron Read
Commissioner Mike Nobis
Commissioner Julie Hullinger

CITY STAFF: Assistant City Attorney Joseph Farnsworth
Community Development Director Bob Nicholson
Planner Craig Harvey
Secretary Linda Brooks


CALL TO ORDER

Chairman Ron Bracken called the meeting to order and welcomed those in attendance. Chairman Ron Bracken led the flag salute.

LOT MERGER

Consider a lot merger of Lots 57 & 56 in the Lava Pointe East No. 2 residential subdivision. Located at 731 West (Lot 57) and 723 (Lot 56 - vacant lot) Obsidian Circle in the R-1-8 (8,000 square foot minimum lot size) zone. Mr. Blake Hansen is the owner and representative. Case No. 2010-OM-003

Project Manager Todd Jacobson informed the Planning Commission this item is a Lot Merger and Easement Abandonment within a recorded subdivision. The property is located at 731 West Obsidian Circle for Lot 56 and 57. The purpose of this request is the owner wants to build a swimming pool and a pool house on the adjacent vacant lot 56. The easement abandonment and lot merger were carefully review by City staff and it meets all of the conditions and approvals.

Commissioner Taylor asked about the drainage issue on the hillside for Lot 56.

Todd replied engineering has reviewed the plans and they should be fine.



MOTION: Commissioner Campbell made a motion to recommend to City Council approval for a lot merger of Lots 57 & 56 in the Lava Pointe East No. 2 residential subdivision. Located at 731 West (Lot 57) and 723 (Lot 56 - vacant lot) Obsidian Circle in the R-1-8 zone. Commissioner Nobis seconded the motion. All voted aye.

LOT SPLITS

A. Consider a commercial lot split request to legally divide one parcel into two for
property located at the northwest corner of the intersection of Mesa Palms Drive and Tonaquint Drive. The purpose is to accommodate The Learning Center. The existing property is approximately 5.34 acres (232,610 square feet). The proposed lots would be; Lot 1 (Learning Center) = approximately 1.37 acres (59,677 square feet) and Lot 2 Church) = approximately 3.97 acres (172,933 square feet). Lot 1 is zoned PD-COM (Planned Development Commercial - ref. 2010-ZC-006) and Lot 2 is zoned R-1-8. The applicant is The Learning Center for Families, Debbie Justice Executive Director. Mr. Brandon Anderson, Rosenberg and Associates is the representative Case No. 2010-LS-006

Community Development Director Bob Nicholson said this request is to split one lot into two individual lots; a commercial zone lot and a residential zoned lot. The lot for the Learning Center which is 1.37 acres went through a zone change May 25, 2010 from R-1-8 to PD-COM. Public utility easements are required around each parcel created. Community Development will review the proposed easements prior to recording. Bob said staff recommends the following standard conditions be applied:

1. Provide separate deeds for each created parcel to be recorded with the County pending City
Council approval and stamped approved by Planning Staff.
2. In addition to the legal descriptions that appear on the Record of Survey.
3. A utilities and drainage easement shall be completed, notarized, and recorded for each parcel.
4. The applicant shall submit for review all legal documents to the City Attorneys office.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a commercial lot split request to legally divide one parcel into two for property located at the northwest corner of the intersection of Mesa Palms Drive and Tonaquint Drive. The purpose is to accommodate The Learning Center subject to conditions recommended from staff. Commissioner Campbell seconded the motion. All voted aye.

B. Consider a commercial lot split request to legally divide one parcel into two for
property located at 2654 East Red Cliffs Road. The purpose is to accommodate the proposed Spring Gardens Assisted Living facility. The existing property is Red Cliffs Square and is 9.93 acres (432,739 square feet). The proposed lots would be; Lot 1 (Red Cliffs Square) = 7.18 acres (312,761 square feet) and Lot 2 (Springs Garden Lot) = 2.75 acres 119,790 square feet). The property is zoned C-3 (General Commercial). The applicant is Red Cliffs Square, LC. Mr. Scott Irvine is the representative. Case No. 2010-LS-005

Community Development Director Bob Nicholson said this request is to split one commercial lot into two individual lots. The parcel is zoned C-3 (General Commercial). Bob said staff recommends the following standard conditions be applied;

1. Provide separate deeds for each created parcel to be recorded with the County pending City
Council approval and stamped approved by Planning Staff.
2. In addition to the legal descriptions that appear on the Record of Survey.
3. A utilities and drainage easement shall be completed, notarized, and recorded for each parcel.
4. The applicant shall submit for review all legal documents to the City Attorneys office.

Bob pointed out the location and the proposed layout of the building.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a commercial lot split request to legally divide one parcel into two for property located at 2654 East Red Cliffs Road. The purpose is to accommodate the proposed Spring Gardens Assisted Living facility subject to staff comments. Commissioner Burks seconded. All voted aye.

BDCSP (BUILDING DESIGN CONCEPTUAL SITE PLAN)

Consider a request for a BDCSP (Building Design Conceptual Site Plan) review for the proposed Spring Gardens Assisted Living facility proposed to be located at 2654 East Red Cliffs Road. The property is zoned C-3 (General Commercial). The applicant is Red Cliffs Square, LC. Mr. Scott Irvine is the representative. Case No. 2010-BDCSP-002

Community Development Director Bob Nicholson presented this item. This is to construct an assisted living facility called The Springs Gardens. The facility will have a wellness center, restaurant, kitchen, private dining, ice cream parlor, salon, offices, crafts room, and green house. The building will be two stories with a total of 73,722 sq. ft. The building height will not exceed thirty-five feet. The building will be approximately twenty-seven feet. The facility will provide eighty-nine assisted living units which include seventeen memory care units. The unit mix will include a balance of studio, one bedroom, and two bedroom suites. The parking will be one space per each three beds. They are showing 48 total parking spaces. That will be 17 more parking spaces than required. The primary access will be from 850 North Street and access will also be available through the Red Cliffs parking lot. They will need to meet the required landscaping and they propose 27.28% of landscaping which is in compliance with code. Bob said the site shall be designed to be dark sky friendly and avoid any light pollution to neighbors.

Bob said any time there is a building being built that is more than 20,000 sq. ft. then the design needs to be heard at Planning Commission and City Council level. Bob went over the architectural design details about the building.

Russell Watts the contractor on the project said they have experience with this type of facility. They previously developed an assisted living facility up north of Utah. The building will have a great deal of amenities. It will be an open environment for the residents.

Commissioner Campbell asked about the materials on the exterior.

Russell said there will be concrete siding which is called hardy board along with some rock, and stucco. There will be asphalt shingles for the roof.

Commissioner Read asked about the access.

Russell said the access does not go straight through the building. This access was setup for our trucks and vans to go under the building in order to protect them from the heat plus landscaping equipment will be stored there.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a BDCSP (Building Design Conceptual Site Plan) review for the proposed Spring Gardens Assisted Living facility proposed to be located at 2654 East Red Cliffs Road. Commissioner Hullinger seconded the motion. All voted aye.

CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to establish and operate a cafe which would have non-conforming parking in an historic district. The site is located at 3 North Main Street. The property is located in the Historic District and is zoned C-4 (Central Business District Commercial). The applicant is Mr. John Reber and the representative is Mr. Kent Hall. Case No. 2010-CUP-012

Community Development Director Bob Nicholson said this conditional use permit is for permission to establish and operate a caf which would have non-conforming parking in an historic district. Bob said they have a letter in front of them that is from MMC Investments that is located at 18 West Tabernacle. The property is currently leased to Prado Real Estate. The business area will be approximately 1,000 sq. ft. and will be in the rear of the building.
Staff recommends approval; the following are comments about this proposal.

1. A restaurant is a permitted use in the historic district.
2. Non-conforming parking may be granted with a CUP subject to Section 10-19-1.
3. The Planning Commission will have to determine if a CUP should be granted for an indoor
restaurant and for any outdoor seating. No existing parking spaces should be removed to
accommodate outside seating.
4. Signage will be under a separate permit.

Bob said there will be two tenants for this location, one being a frame shop in the front of the building and this request for the back of the building. This building has no off street parking. To the north of the building there are some parking spaces which belong to 18 West Tabernacle which is a real estate office. Bob presented a power point of the area.

Commissioner Campbell asked if they would be dealing with the canopy issues here tonight.

Bob said that would fall under the Historic Preservation Commission.

Assistant City Attorney Joseph Farnsworth said the issue tonight is for the non-conforming parking for this CUP.

Bob read the letter from MMC into record. The writer of this letter is concerned about the parking which is behind the building and is designated for the business on 18 West Tabernacle.

Commissioner Read asked where the dumpsters are currently located.

Bob replied the use was a travel agency previously so he doesnt believe there is a dumpster there now.

Kent Hall the applicant said this will be a mom/pop type restaurant. He did speak with the Prado business today and they said they could work out an area for the dumpster.

Mary Ann Reber said she spoke with Mrs. Smith and was surprised by the letter. Prada does not use their dumpster very often and they would be willing to share with the building.

Commissioner Taylor asked about the outdoor seating.

Mary Ann said there is enough to put three tables with umbrellas and seating.

Ed Sandstrom has businesses on 62 to 94 West Tabernacle. He is concerned about this request. They have owned the property for about 8-1/2 years. They are in the historic district and they are required to have 27 off street parking, which they do. He would propose to plainly mark the parking and put 30 minute parking restrictions on the parking area. Under the current situation he doesnt see how they can exist with the parking as it is today.

Tiffany Taylor manger of Judds Store said she is concern about the parking. She said with the businesses that have moved in around Main and Tabernacle has made a change in the parking. She said people who work on Main Street, Tabernacle, and 100 West should have restrictive parking spaces.

Paul Brown manages the property on Tabernacle across the street from this location. He feels this location for this type of business would be an infringement on the other businesses currently there. He believes the parking garage is too far away to part take in this business.

Commissioner Campbell asked if there is labeling parking for the church.

Paul replied they do not. They could put a sign there but that will not stop people from parking there.

Commissioner Nobis asked how he enforces parking for the church.

Paul said there is no enforcement to the parking. People park where they see a space available.

Commissioner Campbell does the City monitor time parking anywhere in town?

Assistant City Attorney Joseph Farnsworth replied there are some parking regulations in the City Code but as far as he knows there are no time parking lots around.

Commissioner Taylor said if they are concern with revitalization then they need to be concerned with parking. Businesses should post where parking is available.

Mary Ann said if there was some way to get employees from the local businesses to park off of Main and Tabernacle it would make a great difference.

Commissioner Nobis said they could ask employees to park in the garage.

Paul Brown said they should acquire parking rights that would be a solution. He would withdraw his protest if they would work out that detail.

Bob said the Prado parking is the only parking that they have. They are not leasing away their parking because of what you need to have. The neighbors need to meet and work out a solution on this parking.

Commissioner Read said they need to send their employees to the parking garage.

Council Member Nickle commented that there is very little use of the parking garage.

Commissioner Nobis suggested angle parking on Tabernacle.

Commissioner Hullinger said they should get together and work it out. Table this item for now.

Commissioner Taylor felt that was a good idea.


Mary Ann there is a time frame to get this business going. How many are you talking about to have there.

Assistant City Attorney Joseph Farnsworth told the commission that their conditions will need to be specific. He said the biggest thing for this CUP is the parking.

Chairman Bracken asked if two weeks would be an issue. Mary Ann said it is. He wants to be open for the Senior Games.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a conditional use permit to establish and operate a cafe which would have non-conforming parking in an historic district subject to the following issues being resolved before it goes to City Council: that there is letter or a note of permission for the location dumpsters, and that there is support in writing from adjacent businesses to encourage employees to not park on the street and limit the parking available for customers. Also, that there is evidence of resolution by way of a venting system to make sure that odors are not an issue on the roof with surrounding businesses.

Commissioner Taylor stated the applicant should go to City Council with a list of conditions on the parking such as parking garage, posting of signs, angle parking on Tabernacle.

Commissioner Campbell seconded the motion. All voted aye.

VACATE PLAT

Consider a request to vacate the existing Oasis subdivision plat with three (3) single family lots. The property is located at 1025 North on 1800 East Street in Middleton. The property is zoned RE-12.5 (Residential Estate 12,500 square foot minimum lot size). Case No. 2010-VP-001

Community Development Director Bob Nicholson said this request is to vacate an existing plat with (3) single-family lots. The existing plat has one lot with an existing home on it with frontage on 1800 East Street in Middleton, and two flag lots in the rear with no street frontage. The present subdivision layout with the 2 flag lots is clearly not an ideal layout. The current property owners request that the subdivision be vacated and the property would then constitute just one lot. Staff supports the request to vacate the plat and have just one large lot. There is no effect on the public street 1800 East Street.

Assistant City Attorney Joseph Farnsworth said his concern is with the easements and that if anyone ever wanted to put up a building then they would have to abandon the easements first.

Commissioner Read asked if they could ask the applicant to move their easement without the City taking down the existing power line and realign the line when the easement is abandoned.

MOTION: Commissioner Read made a motion to recommend to City Council approval a request to vacate the existing Oasis subdivision plat with three (3) single family lots. The property is located at 1025 North on 1800 East Street in Middleton subject to having the easement vacated or abandoned by the time they get to City Council. Commissioner Nobis seconded the motion. All voted aye.


GUEST HOUSE

Consider a request for a guest house to exceed the maximum allowable floor area of four hundred square feet (400 sq. ft.). The request is for a total footprint of approximately eight hundred and ninety-six square feet (896 sq. ft.). The guesthouse living space would include two (2) bedrooms, bathroom, laundry room, and a wet bar / kitchenette (small sink, microwave, and under counter refrigerator). The property is located at 531 East 600 South. Mr. and Mrs. Arthur Hale are the applicants. The zone is RCC (Residential Central City). Case No. 2010-GH-004

Planner Craig Harvey said this is a request to exceed the maximum allowable floor area of four hundred square feet for a guest house. The applicant is requesting a guesthouse that would have a total footprint of approximately 896 sq. ft. The guesthouse living space would include two bedrooms, a bathroom, a living room, a laundry room, and a kitchenette. The intent of the guest house ordinance is to provide a small temporary residence and not a large secondary dwelling unit. Additionally, the applicant has acknowledged that all utilities must come from the main dwelling for this guest house. The applicant will sign and record the necessary deed restriction for the guesthouse indicating that it will not be rented or leased independent of the main dwelling.

Craig said this will be a Dixie High School project.

Assistant City Attorney Joseph Farnsworth said the requirement for floor area for a guest house is to restrict it so it does not make it a second living space on the parcel. Deed restrictions are difficult to enforce. He said this is something to consider.

Commissioner Taylor said the City is trying to control multiple housing by setting a 400 sq. ft. limit for casitas. They are a number of casitas that are being rented out for living space which is a problem. He feels this places a problem for code enforcement.

Commissioner Burks asked about Deed Restrictions. The said the utilities would be connected with the main house which make it difficult to rent.


Arthur Hale said the reason for the size of the home is his wife wants to use the other bedroom for storage.

Greg Bartholomew oversees the building design for the Dixie High School. He understands what Commissioner Taylor is saying. He believes size matters. He would like a compromise to be reached. Perhaps make a smaller casita. He spoke on the design and the utilities for the casita. There will not be two separate meters.

Chairman Bracken said make the one bedroom as a storage which could be constructed as outdoor storage which could not be access from inside the house.
MOTION: Commissioner Taylor made a motion to recommend approval for the guest house with the modification to outside entrance to reduce the living footage. Commissioner Burks seconded the motion. All voted aye.

MINUTES

Consider approval of the Planning Commission minutes for August 10, and 24, 2010.

MOTION: Commissioner Burks made a motion to recommend approval of the minutes for August 10, and 24, 2010. Commissioner Nobis seconded the motion. All voted aye.

Meeting adjourned at 7:00 p.m.